Failing to Provide a Roadside Sample

Usually, a motorist is stopped on a public road and therefore, the preliminary breath test performed by the police is frequently referred to as the roadside breath test. However, it is possible for this test to be performed at or near the place where the requirement to co-operate with the test is made. It should be noted that a preliminary test cannot be requested on a random basis.

Offence

It is an offence to refuse to co-operate with a valid request to provide a preliminary breath sample under The Road Traffic Act 1988 Section 6.6. This is known as Failing to Provide a Breath Test

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